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Criminal Defense 101 - What to Do If Arrested and Charged With a Crime By Phillip M. Clark

If you have recently been arrested and/or charged with a criminal offense, there are a few important legal issues you will need to take into account ad address as the criminal process unfolds in your case. In addition, there are several things you can do during the arrest that will most likely help you in the forthcoming criminal case against you. Here are some important things to remember if you have been arrested and charged with a criminal offense in, both during the arrest itself and shortly thereafter:

• Remember your right to remain silent. Many times law enforcement does not know whom to believe and they may easily record events in the police report that end up being flat out false. In criminal arrest situations, it is possible to cooperate with roadside testing without agreeing to say anything. It it highly recommended that you talk to an attorney before talking to the police.

• Contact a criminal defense attorney, preferably one with considerable experience in handling the kinds of criminal charges being levied against you. An attorney can set things in motion and give critical advice. If you are aware that you are a suspect or person of interest in an investigation, it is extremely important that you consult with an attorney as soon as possible.

• If there has been an arrest, work with your attorney to post a release bond as soon as possible. After a short period of time in your case, it generally becomes more difficult to obtain a reduction in your bond as opinions harden and the court and prosecutors move on to other matters.

• Consider who is a witness (good or bad) to anything you have been accused of and gather statements as well as contact information as quickly as possible. This is particularly important in motor vehicle matters as the police often do not interview all witnesses and finding them later may prove to be difficult.

• Consider carefully whether you have any evidence that might be useful in establishing your side of the story. Immediately being to think over your side of the story and gather information (on paper or physical evidence) that could help with your defense.

Many defendants choose to accept the free court-appointed attorney, provided they meet minimum income requirements, which currently encompass persons earning than $1,000/month gross income and are residents, among other requirements. Many of these defendants assume that the court-appointed and often inexperienced criminal defense attorneys will be able to get them as favorable a deal as hiring a private and more experienced criminal defense attorney. More often than not, people that take the cheap legal defense route pay far more in the end with harder sentences and fines that can have greater consequences in both the short and long term.

Consequently, it is highly recommended that you give yourself the best possible chance of getting the best possible outcome for your particular criminal case. Choose and pay more for an experienced criminal attorney who is familiar with the court system in the city or county where your are being charged, as doing so is going to give you the best chance for success in your criminal defense legal process. Such an attorney will work most effectively within the local court system and prosecution, having dealt with the local prosecutor's office many times before, and presumably avoiding the mistakes that most inexperienced attorneys tend to make, thus saving you time, money and perhaps even a little sanity in the long run.

In sum, if you are arrested and charged with a criminal offense, remember the above points during the initial arrest process and immediately seek an experienced criminal attorney who is familiar with the local court system in the city or county where your are being charged. Such an attorney will best help you understand the options you have in your case and will clearly explain what you can expect out of the case, ultimately speeding up the legal process so you can go on with your life. Remember that your quality of life for years to come is on the line; don't trust it to just any run of the mill legal representation!

If you have recently been arrested and/or charged with a criminal offense, there are a few important legal issues you will need to take into account ad address as the criminal process unfolds in your case. In addition, there are several things you can do during the arrest that will most likely help you in the forthcoming criminal case against you. Here are some important things to remember if you have been arrested and charged with a criminal offense in, both during the arrest itself and shortly thereafter.

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What to do Right Now!

  • DO NOT RESIST ARREST!

  • You may ask why you have been stopped and/or arrested.
  • The police have the right to stop you if they have a reasonable suspicion that you may be possessing:
  • controlled substances (drugs)
  • weapons or firearms
  • carrying a knife or other sharp item that can be used as a weapon
  • are in the possession of stolen goods

  • Even if you are innocent do not struggle against the police officer.  You will be arrested and the more you fight the more likely the chances of being hurt in the process.  Let the officer do their job without physical resistance or abusive language.

  • Do not volunteer any information at all except for your name, address, telephone number, employer, and a family member.  If you are brought before a judge for a bail hearing this information will be necessary to that process. 

  • Try very hard to maintain your composure.  The police have arrested you for a reason whether that reason is right or wrong.  By being belligerent, threatening to file complaints with the Mayor's Office, or generally being obnoxious you are inviting the officer's antagonistic response.

  • One of your basic human rights in he right to remain silent and to not say anything that might be incriminating.  You may ask for your attorney.  Other than that DO NOT speak with the police, detectives, the District Attorney, or anyone else.  Do not make any statements on video or audio tape.  Do not make any confessions.  Simply ask for your attorney.

  • You have the right to make one phone call to your attorney or family member or to someone else who may provide assistance.  Do not say anything over the telephone that may be incriminating because the phone will likely be tapped.

  • When you are arrested it can be a very humiliating experience.  Be prepared to be fingerprinted, photographed, and searched.

What to do next

  • If you are arrested for a misdemeanor (a crime for which the penalty is one year or less in jail) you may receive a summons to appear in court on a future date and then be released.
  •  If you do not show up for your court appearance a bench warrant fmay be issued for your arrest and you can be penalized for not appearing in court.
  • If you are arrested for a felony (a more serious crime) or if or there is reason to believe that you will not appear in court, you will be taken to the police station after which time you can either be released with a promise to appear at a later date or you may be required to post bail.
  • Your bail bond (a promise to pay a specific amount of money if you do not appear in court on your appointed day) may be a personal surety or you may need the assistance of a bail bondsperson.
  • You will have to pay a fee for the bond person to post your bail and you may have to provide some security of value in the form of a house, a car or other property.
  • Bail is the court's guarantee that you will show up for your hearing. 

What can you learn from this experience?

 

Being arrested is a very humbling experience even if you are ultimately released. Just the process of being arrested will convince the average person not to commit any crimes in the future.  If you made a mistake, now is the time to own up to it and make a contract with yourself to not make the same mistake in the future. The old cliché that "crime does not pay" is true.  Eventually, almost all criminals are brought to justice and they stand to lose everything.  If you feel compelled to engage in criminal behavior of any type you must seek psychological help immediately to explore your reasons for being attracted to this type of behavior.

 

 

 

 

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